Legal Aspects of Data Parsing

The purpose of the work is to determine in which cases parsing violates the exclusive right to the database, as well as how the owner of the database can protect its rights to it from parsing. In the research process, analysis methods and a systematic approach, a functional approach method, a formal legal approach and a comparative legal method were used. As a result of the study, it was justified that parsing a database protected by copyright law, doesn’t violate the exclusive right to the database due to the technical principle of the parsing system. Substantial extraction and use of data by parsing a database - an object of related rights - cannot be recognized as a violation of the rights to the database, since the extraction and subsequent use of data is carried out by different parties. An infringement of the exclusive right to a database protected by copyright law occurs when parsing repeatedly extracts an insignificant part of the materials and such activities cause unjustified harm to the database owner’s investments, taking into account the purpose for which the database was created. However, due to the fact that the technical principle of parsing systems is identical to the principle of universal search engines, the exception to clause 1 of article 1270 of the Civil Code of the Russian Federation is applicable to the parsing process. Thus, it is possible to say that in the case of parsing the investment database, there is a conflict of copyright to the database and the exclusion of paragraph 1 of Article 1270 of the Civil Code of the Russian Federation. When defending database rights using rules on unfair competition, the most legal uncertainty is the criterion of contradiction with the customs of business, the requirements of integrity, reasonableness and fairness